Punjab and Haryana High Court: In the petition filed for adjudicating the application under Section 5 of the Limitation Act, 1963 (‘the Act’) seeking condonation of the 38-day delay in filing the revision petition under Section 401 of Code of Criminal Procedure due to the extraordinary circumstances of the petitioner’s incarceration on having been convicted under Section 138 of Negotiable Instruments Act, 1881 by the Trial Court as well as Sessions Court. Anoop Chitkara, J., allowed the application for condonation of delay considering the provisions of Section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 6 of the General Clauses Act, 1897, which preserves rights and legal proceedings under repealed statutes as the application for condonation was taken up on 02-07-2024 once the BNSS came into effect and CrPC stood repealed. However, the criminal revision petition was deemed to be pending as of the date it was originally filed, under the provisions of the Criminal Procedure Code.
In the instant case, the petitioner was convicted under Section 138 of the Negotiable Instruments Act, 1881 (‘NI Act’) by the Trial Court as well as the Session Court, initially, the matter was listed before the Court on 19-12-2023 for the first time. However, the petitioner did not assail the judgement passed by the Session Court within the statutory limitation of ninety days as the petitioner was confined in jail which resulted in exceeding the limitation for challenging the judgement of the Sessions Court by 38 days. The petitioner then filed an application under Section 5 of the Act seeking condonation of delay of 38 days.
The matter listed on 19-12-2023, which was adjourned on the petitioner’s request to 11-01-2024, notices were issued in both application and the main revision petition set for 26-02-2024. When the matter was taken up on 16-04-2024, respondent 1- complainant had put in an appearance through his counsel, and on the date, counsel for the petitioner sought time to ascertain the possibility of payment of compensation amount to the complainant and the matter was adjourned for 02-07-2024. However, in the meantime, the CrPC stood repealed 01-07-2024.
Since there was a delay in filing the revision petition, no criminal revision petition was pending before this Court on the day new laws were enacted, and it was the delay application fled under Section 5 of the Act, that was pending before this Court and not the primary matter, which was the criminal revision petition.
The legal question that arose was whether time-barred petitions filed under the CrPC by 30-06-24, along with applications under Section 5 of the Limitation Act, 1963, that are still pending as of 01-07-24, will be governed by the Code of Criminal Procedure, 1973, or the Bharatiya Nagarik Suraksha Sanhita, 2023, if the delay is condoned.
The Court noted that Section 531 of the BNSS, explicitly specifies that pending appeals should be disposed of or continued as if the new law had not yet taken effect, following the provision of the CrPC.
The Court after perusal of facts and interpretation of relevant provision, was of the view that, the effect of condonation of delay was that the delay was forgiven, and the plea was treated as filed within the limitation period; this it would relate back to the date on which the limitation expired.
The Court then stated that, the petition and the accompanying application seeking an extension of time were filed and registered in the registry of this Court when the CrPC was in force and were pending on the 01-07-2024; hence, they would fall under the scope of section 531(2)(a) of the BNSS. Therefore, this petition should have to be adjudicated under S. 401 of the CrPC, 1973 and not under S. 442 of the BNSS.
The criminal revision petition therefore listed for 04-07-2024.
[Mandeep Singh v. Kulwinder Singh, 2024 SCC OnLine P&H 6169, order dated 02-07-2024]
Advocates who appeared in this case :
For Petitioner: P.S. Sekhon, Advocate.
For Respondents: Abhay Gupta, Advocate; T.P.S. Walis, A.A.G., Punjab; Swati Batra, D.A.G., Punjab
Buy Code of Criminal Procedure, 1973 HERE
